Eleanor Finch
Europe has produced 24% of the world's constitutional systems since 1789, with Poland and France writing the first constitutions in the region that year. The constitution of the Fifth French Republic, for example, gives the president of the Republic the power to dissolve Parliament. The European Parliament has also approved treaties establishing a constitution for Europe, although these have been rejected by France and the Netherlands in their national referenda.
| Characteristics | Values |
|---|---|
| First European written constitutions | Poland and France |
| Year | 1789 |
| Average lifespan of a constitution | 25.8 years |
| Countries that rejected the Constitutional Treaty | France and the Netherlands |
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What You'll Learn
France's constitutional history
The French Revolution marked a significant turning point, ushering in an era of experimentation with different political regimes. The Revolutionary Era witnessed the emergence of several constitutions, including the first French Constitution in 1789, which was a landmark document. This constitution, established during the National Convention, set forth the Declaration of the Rights of Man and of the Citizen, establishing France as a secular and democratic nation with sovereignty derived from its people.
The subsequent years saw a succession of constitutions reflecting the political climate of the time. The Constitution of 1852, for instance, established the Second Empire, while the Constitutional Laws of 1875 pertained to the Third Republic. The Constitutional Law of 1940, enacted during World War II, established Vichy France, a reactionary dictatorship.
The Fourth Republic, which lasted from 1946 to 1958, aimed to make it more challenging to overthrow governments but struggled with short-lived cabinets and the challenge of the Algerian independence movement. To prevent a military takeover, General de Gaulle was granted broad discretion in drafting a new constitution in 1958, which was overwhelmingly approved by referendum. This constitution established the Fifth Republic and significantly strengthened the powers of the president at the expense of parliament and the judiciary.
The Fifth Republic's constitution has proven resilient, enduring various amendments and societal shifts, including the student-led protests of 1968. The most recent amendments to the constitution were made in 2024, with Parliament amending Article 34 to guarantee the right to abortion, making France the only nation to explicitly enshrine this right in its constitution.
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Poland's written constitution
Poland has had several constitutions throughout its history, the first of which was written in 1789. This was the first constitution in the region of Europe, and it was followed by several others, including the Constitution of the Polish People's Republic in 1952, the Small Constitution of 1992, and the current constitution, which was adopted in 1997.
The Constitution of the Republic of Poland, commonly referred to as the Third Polish Republic, is the supreme law of the Republic of Poland. It replaced the Small Constitution of 1992, which was a revision of the 1952 Constitution of the Polish People's Republic. The current constitution was adopted by the National Assembly of Poland on April 2, 1997, approved by a national referendum on May 25, 1997, and promulgated by the President of the Republic on July 16, 1997. It officially came into force on October 17, 1997.
The Second Polish Republic also had three constitutions, including the March Constitution of 1921 and the April Constitution of 1935, which was condemned as "unlawful and fascist" by the Manifesto of the Polish Committee of National Liberation.
Historically, the most significant Polish constitution is the Constitution of May 3, 1791. This constitution was created five years after the country gained independence and underwent significant changes. It is considered a crucial document in Poland's history and a testament to the nation's struggle for independence and its cultural roots in Christian heritage.
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The Treaty establishing a Constitution for Europe
Europe has produced 24% of the world's constitutional systems since 1789, with the first constitutions in the region being written in Poland and France in 1789. The Treaty establishing a Constitution for Europe was an attempt to create a single codified constitution for the European Union.
The drafting of the European Constitution began with a call for a new debate on the future of Europe at the Laeken European Council in December 2001. A European Convention was founded shortly afterward, chaired by former French President Valéry Giscard d'Estaing. The Convention was composed of members of national governments, national parliaments, the European Parliament, and the European Commission. In June 2003, the Convention proposed a Treaty establishing a Constitution for Europe to replace the existing EU and EC treaties. The draft was presented by Giscard d'Estaing to the heads of governments at the Thessaloniki Summit on 20 June 2003.
On 18 June 2004, all 25 Member States agreed on an amended draft, which was signed by their Heads of State or Government in Rome on 24 or 29 October 2004. In addition to the 25 Member States, three candidate countries also signed the Treaty. The Treaty was approved by the European Parliament on 12 January 2005 by a vote of 500 to 137, with 40 abstentions. However, the Treaty was then rejected by France and the Netherlands in their national referendums on 29 May and 1 June 2005, respectively. Despite the rejection by France and the Netherlands, Luxembourg held a referendum on 10 July 2005, approving the Constitution by 57% to 43%.
Following the mixed results of the referendums, European leaders decided to hold a "period of reflection" on the way forward. During this period, the Finnish Presidency was expected to start active discussions with the Member States and EU institutions on the future of the Treaty. In the end, the Constitutional Treaty was abandoned in favour of the Lisbon Treaty, which entered into force on 1 December 2009. While the Lisbon Treaty did not create a single codified constitution, it integrated parts of the Constitutional Treaty into EU law, amending the existing treaties.
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The Lisbon Treaty
The Treaty of Lisbon was a result of the negative outcome of two referendums on the Constitutional Treaty in May and June 2005. In response, the European Council decided to have a two-year 'period of reflection'. On the basis of the Berlin Declaration of March 2007, the European Council of 21-23 June 2007 adopted a detailed mandate for a subsequent Intergovernmental Conference (IGC) under the Portuguese Presidency. The IGC concluded its work in October 2007.
The Treaty of Lisbon gives the EU full legal personality, allowing the Union to sign international treaties in areas of its attributed powers or to join an international organisation. It also provides a formal procedure for Member States wishing to withdraw from the European Union.
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Italy's constitution
The Constitution of the Italian Republic (Italian: Costituzione della Repubblica Italiana) was ratified on 22 December 1947, with 453 votes in favour and 62 against, and came into force on 1 January 1948. The Italian Constitution was formed one century after the previous Constitution of the Kingdom of Italy had been enacted. The Constituent Assembly, which was elected by universal suffrage on 2 June 1946, was composed of a wide range of political and social views, with Christian democrats, liberals, and leftists being the three most significant groups. All these groups were deeply anti-fascist, so there was a general agreement against an authoritarian constitution, instead putting more emphasis on legislative power. The Constitution has since been amended sixteen times.
The Italian Constitution establishes Italy as a democratic republic founded on labour, with sovereignty belonging to the people and being exercised by them within the limits of the Constitution. The Constitution guarantees the inviolable rights of the individual and social groups, with all citizens having equal social dignity and being equal before the law, regardless of sex, race, language, religion, political opinion, or social conditions. It also recognises the right to work and promotes the development of culture, scientific and technical research, and international law.
The Constitution also addresses the relationship between the State and the Catholic Church, recognising their independence and sovereignty within their respective spheres. It guarantees freedom of religion and the right of all religious denominations to self-organisation as long as they do not conflict with Italian law. The Constitution also provides for the right of asylum for foreigners who are denied democratic freedoms or accused of political offences in their home countries.
Additionally, the Italian Constitution sets out the requirements and modalities for citizens residing abroad to exercise their right to vote and guarantees their representation in elections to the Houses of Parliament. It also ensures that any citizen has the right to freely establish parties, present petitions to Parliament, and stand for public office and elected positions, regardless of gender.
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Frequently asked questions
Poland and France were the first European countries to have written constitutions, in 1789. Since then, France has had several constitutions, including the constitution of the Fifth Republic, which has been in place since 1958.
The average lifespan of a European constitution is 25.8 years.
Yes, there was an attempt to establish a constitution for all of Europe in the form of the Treaty establishing a Constitution for Europe. However, this was rejected by France and the Netherlands in their national referendums in 2005.
